Common use of Purchase of the Stock Clause in Contracts

Purchase of the Stock. Subject to the terms and conditions of this Confirmation, the Purchaser agrees to purchase from the Seller, and the Seller agrees to sell to the Purchaser, on November 7, 2007 or on such other Business Day as the Purchaser and the Seller shall otherwise agree (the “Trade Date”), a number of shares of the Purchaser’s common stock, par value $0.001 per share (“Common Stock”), for a purchase price equal to $25,000,000.00 (the “Purchase Price”). The number of shares of Common Stock purchased by the Purchaser hereunder shall be determined in accordance with the terms of this Confirmation: provided that if the Seller is unable to borrow or otherwise acquire a number of shares of Common Stock equal to the Initial Number of Shares for delivery to the Purchaser on the Initial Settlement Date, the Initial Number of Shares shall be reduced to such number of shares of Common Stock as the Seller is able to borrow or otherwise acquire and any amounts payable by the Purchaser pursuant to this Section 2.02 shall be reduced correspondingly.

Purchase of the Stock. Subject to the terms and conditions of this Confirmation, the Purchaser agrees to purchase from the Seller, and the Seller agrees to sell to the Purchaser, on November 7August 18, 2007 2005 or on such other Business Day as the Purchaser and the Seller shall otherwise agree (the “Trade Date”), a number 2,230,000 shares (the “Number of shares Shares”) of the Purchaser’s common stock, no par value $0.001 per share (“Common Stock”), for a purchase price equal to $25,000,000.00 the product of (i) the Number of Shares and (ii) the Closing Price for the Common Stock on the Trade Date (the “Initial Purchase Price”). The number of shares of Common Stock purchased by the Purchaser hereunder shall be determined in accordance with the terms of this Confirmation: ; provided that if the Seller is unable to borrow or otherwise acquire a number of shares of Common Stock equal to the Initial Number of Shares for delivery to the Purchaser Seller on the Initial Settlement Date, the Initial Number of Shares shall be reduced to such number of shares of Common Stock as that the Seller is able to borrow or otherwise acquire and any amounts payable by the Purchaser pursuant to this Section 2.02 acquire. The Initial Purchase Price shall be reduced correspondinglysubject to adjustment and such adjusted amounts will be payable as provided in Article 3 hereof.

Purchase of the Stock. Subject to the terms and conditions of this Confirmation, the Purchaser agrees to purchase from the Seller, and the Seller agrees to sell to the Purchaser, on November 78, 2007 2010 or on such other Business Day as the Purchaser and the Seller shall otherwise agree (the “Trade Date”), a number of shares of the Purchaser’s common stock, par value $0.001 0.01 per share (“Common Stock”), for a purchase price equal to $25,000,000.00 250,000,000.00 (the “Purchase Price”). The number of shares of Common Stock purchased by the Purchaser hereunder shall be determined in accordance with the terms of this Confirmation: provided that if the Seller is unable to borrow or otherwise acquire a number of shares of Common Stock equal to the Initial Number of Shares for delivery to the Purchaser on the Initial Settlement Date, the Initial Number of Shares shall be reduced to such number of shares of Common Stock as the Seller is able to borrow or otherwise acquire and any amounts payable by the Purchaser pursuant to this Section 2.02 shall be reduced correspondingly.